Deepak v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.

20586 of 202 Deepak ... Petitioner/Accused vs.

1.State through The Inspector of Police, All Women Police Station, Villivakkam, Chennai.

(Crime No.17 of 2022) 2.Yuvarani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records connected with the case in Crime No.17 of 2022 on the file of the respondent police and quash the same as illegal insofar as the petitioner is concerned. For Petitioners : Mr.B.M.Santharam For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor 1/6

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.17 of 2022, pending on the file of the first respondent.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise signed by both petitioner and second respondent/de facto complainant and the learned counsel for petitioner has been filed before this Court. A compromise affidavit has also been filed by the second respondent/de-facto complainant before this Court. The petitioner and second respondent were also present in person before this Court. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.17 of 2022 pending on the file of first respondent. 2/6

4. The second respondent was present before this Court and she stated that the marriage was arranged between her and the petitioner and the family belonging to the petitioner was demanding for some dowry and as a result, there was some misunderstanding between the parties. She further stated that she married the petitioner and the marriage was also registered on 12.12.2022 and she is now living with the petitioner. She further stated that her family members have accepted the marriage and there is opposition only from the family of the petitioner. She further stated that she is no longer interested in prosecuting the case.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due 3/6

caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.17 of 2022, pending on the file of first respondent Police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2022, pending on the file of first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

08.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi 4/6

To 1.The Inspector of Police, All Women Police Station, Villivakkam, Chennai.

2.The Public Prosecutor, High Court of Madras, Madras.

5/6

N. ANAND VENKATESH, J.

rsi Crl.O.P No.

20586 of 202 08.09.2023 6/6